Florida Dog Bite Laws: Owner Liability and Deadlines

Florida has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

Florida dog bite law at a glance

Question	Answer
Type of rule	Strict liability
Main statute	Fla. Stat. 767.04
Defenses	Comparative negligence; "Bad Dog" sign (not for children under 6 or owner negligence)
Filing deadline	4 years under the statute, 2 years for negligence claims (Nolo)

What Florida law says

Fla. Stat. 767.04 covers bites in public places or where the victim is lawfully on private property.
The owner is liable regardless of prior viciousness or the owner's knowledge.
The victim's comparative negligence reduces damages.
A clearly displayed "Bad Dog" sign is a defense, except when the victim is under 6 or the owner was negligent.

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in Florida

A dangerous dog has aggressively bitten, attacked or endangered or severely injured a person, or more than once severely injured or killed a domestic animal off the owner's property (Fla. Stat. 767.11).
Owners must register the dog annually, keep a proper enclosure with signs, microchip and sterilize it, and keep it muzzled and restrained outside.
A declared dangerous dog that attacks makes the owner guilty of a first-degree misdemeanor; if it causes severe injury or death, a second-degree felony (767.13).
Local governments may not regulate by breed (767.14).

Deadline to file a claim

According to Nolo, claims under Florida's dog bite statute (767.04) have a 4-year deadline, while negligence claims have 2 years under Fla. Stat. 95.11. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

Get medical care, even for a small puncture; bites can become infected.
Get the owner's name, contact details and the dog's rabies vaccination status.
Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
Photograph the injuries and the location, and write down witness names.
Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in Florida leash laws.

Sources

This page summarizes state statutes for general information and is not legal advice. Laws change and cities and counties often add their own rules; check the current statute and your local ordinance, or ask a licensed attorney about your situation.

Florida Dog Bite Laws